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The criminal trial of the man accused of fatally striking a Framingham highway worker is about to start. Jeremy Gardner faces the criminal charges of motor vehicle homicide and drunk driving.

According to police, Gardner, 31, fatally struck Gregory Vilidnitsky, 57, on Route 9 on September 14, 2010. At the time, the highway worker was working on a paving project. The authorities contend that Gardner did not stop his pickup truck at the Framingham highway construction accident site and instead kept on driving until he hit an oil truck. Walter Smith, who was riding in the vehicle with Gardner, at the time, allegedly attempted to get into the driver’s seat and get away. He is charged with DUI and will undergo his own criminal trial.

Unfortunately, road construction workers are at risk of serious injuries while on the job. They are easy targets for vehicles on the road and the dangers they face can be exacerbated by poor warning signs, inadequate barriers separate the construction zone from oncoming traffic, construction trucks and other large vehicles and machinery obstructing driver visibility, and driver negligence, including speeding, distracted driving, or drunken driving.

A highway construction worker that is injured in a Framingham traffic accident is likely entitled to Massachusetts workers’ compensation benefits from his/her employer. While an injured worker usually cannot sue an employer for personal injury if the injury was sustained on the job, there may be third parties, such as a negligent motorist or another entity involved with the construction job that can be sued for damages.

Even if a responsible party didn’t intended to cause the Framingham wrongful death or injury accident, liability can still be found if negligence was a factor. A driver that causes a Massachusetts highway construction accident may also have to contend with criminal charges that would be handle in a separate, unrelated proceeding.

Maine man sentenced to 8 years in prison for killing MassDOT worker in Framingham OUI Crash, The MetroWest Daily News, March 27, 2012